SZORZ v Minister for Immigration and Citizenship [2011] FCA 593

SZORZ v Minister for Immigration and Citizenship [2011] FCA 593

The applicant failed to demonstrate 'special reasons' to justify an extension of time under O 52 r 15(2). The grounds of appeal did not disclose jurisdictional error or any arguable case. There was no error in the Federal Magistrate’s or Tribunal’s decision, and granting an extension would be wasteful.

Parties
Applicant: SZORZ; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
20 May 2011
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application dismissed with costs assessed at $2,435.00.
Legal Topics
Extension of Time to Appeal, Protection Visa, Judicial Review, Jurisdictional Error
Immigration Law Administrative Law Civil Procedure Extension of Time to Appeal Protection Visa Judicial Review Jurisdictional Error

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Parties

SZORZ

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether there are 'special reasons' to grant an extension of time to appeal under O 52 r 15(2) of the Federal Court Rules
  2. 2 Whether the applicant's grounds of appeal disclose any arguable case for judicial review
  3. 3 Proper consideration of procedural fairness and jurisdictional error

Ratio Decidendi

The applicant failed to demonstrate 'special reasons' to justify an extension of time under O 52 r 15(2). The grounds of appeal did not disclose jurisdictional error or any arguable case. There was no error in the Federal Magistrate’s or Tribunal’s decision, and granting an extension would be wasteful.

Court Disposition

Application dismissed with costs assessed at $2,435.00.

Orders

  • The application be dismissed with costs, assessed at $2,435.00.